Summary: We will not investigate Ms X's complaint about the Council’s decision on her housing register application. There is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains that the Council wrongly decided she no longer qualifies for the housing register. Ms X says that as a result she and her family are living in overcrowded accommodation and cannot move which is causing significant distress to her.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Some years ago, the Council accepted Ms X’s application for the housing register. This was because the Council considered she had housing need as she was overcrowded.
7. The Council introduced a revised housing allocation scheme in 2023. In 2025 Ms X completed a change of circumstances form. The Council told Ms X the change to the Council’s allocation scheme affected her application. This was because adult children over 18 were not automatically included in their parents’ housing application, unless they provide care or are dependent. As two of Ms X’s children were over 18, they would no longer be included in Ms X’s housing application. This meant the Council considered Ms X did not have a housing need so she did not qualify for the housing register.
8. The Council asked Ms X to provide evidence to show her adult children provided care or were dependent on her. Ms X did not provide any evidence.
9. The Council wrote to Ms X notifying of the decision she did not qualify for the housing register. It also told Ms X she could request a review of the decision within 21 days. Ms X asked for a review but the Council refused to consider it as her request was late.
10. Ms X sent a further housing register application. The Council considered she did not qualify for the housing register as she did not have housing need.
11. We are not an appeal body, so we do not come to our own view on whether Ms X qualifies for the housing register. Our role is to consider if the Council has followed the proper processes when making its decision
12. We will not investigate Ms X’s complaint. The Council gave Ms X the opportunity to provide information to show whether her adult children were dependent or carers. Its decision that Ms X did not qualify is in accordance with its allocations scheme. The Council was also entitled to refuse to consider Ms X’s review request as it was late. So, there is not enough evidence of fault to justify an investigation of Ms X’s complaint.

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Final decision

13. We will not investigate Mrs X's complaint as there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman